Your use of the Papalocal.com website and its associated application is governed by these terms & conditions. It is your responsibility to understand, adhere to and determine changes herein that occur from time to time.
Welcome to eWebify’s Papalocal.com. These Terms & Conditions apply to the Papalocal website located at Papalocal.com and all other sites, mobile sites, services, applications, platforms and tools where these Terms & Conditions appear or are linked (collectively, the "Site"). As used in these Terms & Conditions, "eWebify", "Papalocal.com", "Papalocal", "us" or "we" refers to eWebify, its Corporation and its subsidiaries and affiliates.
BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site, including the app. Certain areas within the Site may be governed by additional terms ("Additional Terms"). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms. Content
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, Application updates and other material (collectively "Content") is owned or licensed property of eWebify or its suppliers or licensors and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Site is the exclusive property of eWebify. and protected by U.S. and international copyright laws. eWebify and its suppliers and licensors expressly reserve all intellectual property rights in all Content. license & access
eWebify grants you a limited license to access and make personal use of the Site and the Content for commercial purposes, excepting the resale of such use, and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the "UNLAWFUL OR PROHIBITED USES" section of these Terms & Conditions. You may download, print and copy Content for personal, commercial purposes provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.
The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to eWebify that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions.
Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:
1. Make any repurposed or resold commercial use of the Site or its Content, including making any collectionor use of any product listings, descriptions, prices or images and state them as your own, unless they are your own.
2. Download, copy or transmit any Content for the benefit of any other merchant;
3. Use or attempt to use any engine, software, tool, agent, data or other device or mechanism(including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site otherthan the search engine and search agents provided by eWebify or generally publicly available browsers;
4. Frame, mirror or use framing techniques on any part of the Site without eWebify’s express prior written consent;
5. Make any use of data extraction, scraping, mining or other data gathering tools, or create a databaseby systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Content, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms & Conditions; In other words: you can only use your own content
6. Use any meta tags or any other hidden text utilizing the eWebify name or marks;
7. Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwisemisrepresent your affiliation with any person or entity in connection with the Site, or express or implythat we endorse any statement you make;
8. Conduct fraudulent activities on the Site;
9. Violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the PapaLocal Site) or to the Site (impersonating another user);
10. Send unsolicited or unauthorized email on behalf of eWebify, including promotions and/or advertising of products or services;
11. Tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
12. Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
13. Harvest or collect personally identifiable information about other users of the Site;
14. Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
15. Use the Site to advertise or offer to sell or buy any goods or services without eWebify’s express prior written consent;
16. Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of or access to the Site;
17. Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
18. Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
You will be required to register with eWebify in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, including your mobile devices used to access your data, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to eWebify including those set forth in these Terms & Conditions, eWebify reserves the right, in its sole discretion, to terminate your account, refuse service to you or cancel orders.
eWebify may at any time: (i) modify or discontinue any part of the Site or app; (ii) charge, modify or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users. eWebify reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the "LAST UPDATED" legend at the top of these Terms & Conditions.
Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; however, any change to these Terms & Conditions after your last usage of the Site will not be applied retroactively. eWebify reserves the right, without notice and at its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms & Conditions, (ii) for any other reason or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.
eWebify welcomes your reviews, comments and other communications, photos, videos or any other content that you submit through or to the Site, or any content or information you publish through any social media and allow eWebify to feature, such as your name, social media handle, accompanying text and any images from your social media accounts (e.g. Twitter™, Instagram™, Pinterest™; collectively called "User Content") as long as the User Content submitted by you complies with these Terms & Conditions as well as eWebify’s General Review Writing Guidelines, which are incorporated into these Terms & Conditions in their entirety.
User Content will not include any photographs or images you submit as part of a Transaction (as defined below). You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam" or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive or degrading. You are solely responsible for the User Content you submit, and eWebify assumes no liability for any User Content submitted by you.
You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. For any User Content you submit, you grant to eWebify a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you.
For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to eWebify the right to include the name provided along with the User Content submitted by you. However, eWebify shall have no obligation to include such name with such User Content.
We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading or deceptive. eWebify neither endorses nor is responsible for any opinion, advice, information or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of eWebify.
If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to eWebify the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. The inclusion of any products or services on the Site does not guarantee that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the receipt, possession, use and sale of any item purchased from this Site.
eWebify reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.
You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
eWebify or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.
Subscription offerings from eWebify include, but are not limited to, “Phone Call Machine” leasing, web-based advertising, enrollment in lead commission programs, etc. By subscribing to any eWebify subscription offering, you accept all of these terms, conditions, limitations and requirements. In reference to credit cards and other transactions, any service that requires them is covered under these terms. If a subscription does not require a money transaction, all other terms will still be in force. If we are unable to complete an order with the credit card that you have provided, the order will be canceled or changed.
Your subscription with eWebify is personal to you, and you may not assign or transfer your subscription, or any of its benefits, to any third party without eWebify authorization.
If any problems arise with your subscription account, the email or shipping address or payment method connected with your subscription that eWebify is unable to resolve, we will notify you through the email address or telephone number associated with your subscription and your subscription order will be canceled. No additional subscription orders will be continued until the problem has been resolved. When a particular subscription order is canceled, your account with eWebify will remain in effect. eWebify will attempt to process any other subscription order based on the terms you have chosen.
Only valid credit cards can be used to enroll in eWebify subscriptions and to make subscription service purchases. You cannot use a debit card, as a debit card, to pay for eWebify subscription services. PayPal cannot be used for orders that include a subscription at this time.
The cost of each subscription may vary. If you want to change or cancel your subscription, you can do so at any time on Papalocal.com. Your subscription will remain in effect until it is canceled.
You must have a Papalocal.com account to enroll in and manage your eWebify subscriptions. If you cancel your Papalocal.com account, your eWebify subscription(s) will also be canceled. If your subscription is canceled and then you re-enroll in another eWebify subscription, any discount applied to the original subscription will be lost and you may not have another available.
eWebify reserves the right, without notice and in its sole discretion, to terminate your subscription (i) if you violate any of these Terms of Service, (ii) for any reason or (iii) for no reason. Upon any such termination, your subscription benefits will immediately cease, and you will only be charged for orders that have been shipped to you. eWebify reserves the right to change any benefits offered through its subscription service, including discounts and other promotional offers, at any time at eWebify’s sole discretion. All changes will apply to future orders, regardless of whether you are currently a subscriber.
eWebify strives to display as accurately as possible the colors of the products and services shown on the Site; however, eWebify cannot and does not guarantee that your monitor’s display of any color will be accurate.
The following provisions apply to users of eWebify mobile applications (each, an “Application” or “App”):
If you download and/or use our Application(s) for iPhone or iPad: These Terms & Conditions incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms & Conditions, the Application is considered the “Licensed Application” as defined in the LAEULA and eWebify is considered the “Application Provider” as defined in the LAEULA. If any of these Terms & Conditions conflict with the terms of the LAEULA, these Terms & Conditions shall control.
The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, diagnostic data reports and Application updates from eWebify, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Application.
The Application may not work with all devices or all mobile carriers. eWebify makes no representations that the Application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Application or other third-party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
Except as otherwise set forth herein, the risk of loss for and title to products & services purchased on the Site passes to the purchaser upon delivery to the carrier.
The Site, and any documents issued by us and available through the Site, may contain forward-looking statements, which are based on our current assumptions and expectations. These statements are typically accompanied by the words "expect," "may," "could," "believe," "would," "might," "anticipates" or words of similar import. Forward-looking statements also include statements or other passages primarily relevant to expected future events or that can only be evaluated by events that will occur in the future
All such forward-looking statements are intended to enjoy the protection of the safe harbor for forward-looking statements contained in the Private Securities Litigation Reform Act of 1995, as amended. Although we believe there is a reasonable basis for the forward-looking statements, our actual results could be materially different. The most important factors which could cause our actual results to differ from our forward-looking statements are , but not limited to, changes in behavior of Google, Bing and other search engines and their proprietary algorithms, servcie provided by individual companies (e.g. “you”) and unforeseen societal changes and natural disasters.
Forward-looking statements speak only as of the date they are made, and we do not undertake any obligation to update any forward-looking statement. In addition, please note that information contained in the Site shall not be included as part of, or incorporated by reference into (nor shall it be deemed to be a part of or incorporated by reference into), any prospectus or offering memorandum of eWebify used in connection with the offering or sale of securities.
We provide links and access to third-party websites or services that contain information that is provided as a service to those interested in the information. eWebify neither regularly monitors nor assumes responsibility for the content of third parties’ statements or websites. Accordingly, eWebify does not endorse or adopt these websites or any information contained therein. eWebify makes no representations or warranties whatsoever regarding their accuracy or completeness.
eWebify policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide eWebify’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying eWebify that your copyrighted material has been infringed. eWebify does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, eWebify will respond by either taking down the allegedly infringing content or blocking access to it. eWebify may contact the notice provider to request additional information. Under the DMCA, eWebify is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer").
T he Alleged Infringer is allowed under the law to send eWebify a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney. To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must:
1. Identify specifically the copyrighted work(s) believed to have been infringed (for example, "My copyrighted work is the picture that appears at [list location, including URL, where material is located].");
2. Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Site. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
3. Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number and email (if available);
4. If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
5. Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
7. Be signed; and
8. Be sent to our DMCA designated agent at the following address:
DMCA Designated Agent
307 Dividend Dr, Peachtree City, Georgia 30269
Tel: (678) 723-3558
Email: firstname.lastname@example.org (please use Subject: “DMCA Notice Request”)
The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites, other users sites and software utilized on our behalf. eWebify is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms or content of any such website or software. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, eWebify strongly recommends that you review and understand the terms and conditions, privacy policies, settings and information-sharing functions of each such third-party website.
The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by eWebify of such third-party sites. Other sites may link to our Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
eWebify cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks) or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY EWEBIFY ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.
EWEBIFY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE,
THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM EWEBIFY ARE FREE OF MALWARE OR OTHER
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMITTED BY LAW, EWEBIFY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
CERTAIN PROVIDERS OF SERVICES (OR PRODUCTS) MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR SERVICES OR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH WARRANTY. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE SERVICE OR PRODUCT PROVIDER DIRECTLY IF YOU HAVE A SPECIFIC CONCERN OR QUESTION ABOUT A PRODUCT.
On the Site, we may display names, marks, products, advertisements or services of third parties, pop-up texts or links to third-party sites. If you decide to link to any such third-party sites, you do so entirely at your own risk.
The Site is controlled and operated by eWebify from the United States, and is not intended to subject eWebify to the laws or jurisdiction of any state, country or territory other than that of the United States. eWebify does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
THE INFORMATION CONTAINED IN THE LINKS TO HEALTHCARE PAGES OR PROVIDERS USING THE SITE IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS.
UNDER NO CIRCUMSTANCES SHALL EWEBIFY OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR
ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF EWEBIFY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND CANCEL ANY SUBSCRIPTION YOU MAY HAVE ENTERED INTO.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, EWEBIFY OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF EWEBIFY’S NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.
EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND EWEBIFY. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND EWEBIFY. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
As a condition of the use of the Site, you agree to defend, indemnify and hold harmless eWebify and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions, or any User Content submitted by you.
Except as explicitly stated otherwise, any notices you send to eWebify shall be sent by mail to eWebify Customer Service, 307 Dividend Dr, Peachtree City, Georgia 30269. In the case of notices eWebify sends to you, you consent to receive notices and other communications by eWebify posting notices on the Site, sending you an email at the email address listed in your profile in your account or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures and other communications that eWebify provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, 3 days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form rules for promotions.
Pursuant To 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following website: OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such website.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to email@example.com. You may also contact us by writing to eWebify Customer Service, 307 Dividend Drive, Peachtree City, GA 30269, or by calling us at (678) 723-3558. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.
YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE SITE AND ALL MATTERS
ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY
THE LAWS OF THE STATE OF GEORGIA, UNITED STATES OF AMERICA, WITHOUT REGARD TO GEORGIA’S CHOICE OF LAW PRINCIPLES.
YOU AGREE THAT THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF GEORGIA, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF GEORGIA, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF GEORGIA LOCATED IN FAYETTE COUNTY, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT.
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